Difference between revisions of "Showups, Lineups, and Photo Arrays"
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A jury may draw adverse inferences from a defendant's refusal to participate in an identification procedure. <ref> South Dakota v. Neville, 459 U.S. 553 (1983) </ref>. Courts may use coercive methods such as imprisonment or contempt of court to force participation in identification procedures. | A jury may draw adverse inferences from a defendant's refusal to participate in an identification procedure. <ref> South Dakota v. Neville, 459 U.S. 553 (1983) </ref>. Courts may use coercive methods such as imprisonment or contempt of court to force participation in identification procedures. | ||
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| + | The criminal defense attorney should endeavor, whenever possible, to be physically present during any identification of their client. This is the only way to guarantee that the identification is fair and is not suggestive or coercive. As a practical matter this is not always possible. This is why some advocates argue that all identification procedures should be videotaped. | ||
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==Showup== | ==Showup== | ||
==Recommended Police Guidelines for Showups== | ==Recommended Police Guidelines for Showups== | ||
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| + | Following is a series of recommended guidelines for conducting showups.<ref>Port Washington Police Department, General Order 6.3.4: Eyewitness Identification, May 06, 2009</ref> | ||
#Document the eyewitness's description carefully prior to the showup. | #Document the eyewitness's description carefully prior to the showup. | ||
#Whenever practical, transport the eyewitness to the location of the suspect. Showups should not be conducted at law enforcement headquarters or other public safety buildings. | #Whenever practical, transport the eyewitness to the location of the suspect. Showups should not be conducted at law enforcement headquarters or other public safety buildings. | ||
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==Recommended Police Guidelines for Lineup and Photo Arrays== | ==Recommended Police Guidelines for Lineup and Photo Arrays== | ||
| + | Following is a series of recommended guidelines for conducting lineup and photo arrays.<ref>Port Washington Police Department, General Order 6.3.4: Eyewitness Identification, May 06, 2009</ref> | ||
#Choose non-suspect fillers that fit the witness's description and that minimize any suggestiveness that might point toward a suspect; | #Choose non-suspect fillers that fit the witness's description and that minimize any suggestiveness that might point toward a suspect; | ||
